A copy of the letter the Majority and Minority Chairs of the Senate Environmental Resources and Energy Committee sent disapproving DEP’s drilling regulations to the Independent Regulatory Review Commission and DEP Secretary John Quigley as Chair of the Environmental Quality Board is now available.
The letter outlines three reasons for the Committee’s action Tuesday to disapprove DEP’s Chapter 78 (conventional) and Chapter 78a (unconventional, Marcellus Shale) regulations--
-- DEP circumvented various requirements of the Regulatory Review Act, including an incomplete Regulatory Analysis Form, a lack of financial analysis with acceptable data to support the Department’s findings, a failure to state a compelling need for the regulation and a failure to provide appropriate forms and guidance documents.
-- At the EQB meeting held February 3, multiple members of the Board, in a bipartisan effort, offered technical amendments recommended by the Oil and Gas Technical Advisory Board [covering Marcellus Shale issues] to provide minor fixes to the rulemaking. Unfortunately, at the request of the Department, each amendment was disapproved.
-- The Committee believes the rulemaking is in violation of the Supreme Court opinion on Act 13 in December of 2013 which invalidated sections of Act 13 pertaining to public resources. In addition, the Department violated the intent of the 2014 Fiscal Code amendment requiring the EQB to promulgate separate rulemakings for conventional and unconventional oil and gas operations.
Click Here for a copy of the letter.
Ironically, both the House and Senate also passed resolutions this week urging all Pennsylvania’s to observe Earth Day on April 22-- Senate Resolution 348 (Hughes-D- Philadelphia) and House Resolution 771 (Murt-R-Adams).
Ironically, both the House and Senate also passed resolutions this week urging all Pennsylvania’s to observe Earth Day on April 22-- Senate Resolution 348 (Hughes-D- Philadelphia) and House Resolution 771 (Murt-R-Adams).
Sen. Gene Yaw (R-Lycoming) serves as Majority Chair of the Senate Environmental Committee and can be contacted by sending email to: gyaw@pasen.gov. Sen. John Yudichak (D-Luzerne) serves as Minority Chair and can be contacted by sending email to: yudichak@pasenate.com.
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